PART I / CHAPTER 3
COMMUNITY PROTOCOLS IN THE NEGOTIATIONS OF
THE INTERNATIONAL REGIME ON ACCESS AND BENEFIT SHARING
5. The Nairobi Pan African ILC Preparatory
Meeting on ABS and TK
The Pan African ILC meeting on ABS and TK was held in Nairobi
• The IRABS should require States to ensure that access to
in September 2009, with over 50 ILC representatives from
community GR and TK is done in accordance with their BCPs;
across Africa. The meeting was organized by the Indigenous
• The IRABS should require States to ensure that the
Information Network and the ABS Capacity Development
development, management and control of BCPs is
Initiative for Africa. The ILC representatives concluded their
community-led; and
4-day meeting with two sets of recommendations: first,
• The IRABS should establish a financial mechanism that
to the negotiators of the African Group on their negotiation
includes in its objectives support for BCP awareness-raising
on the International Regime on ABS; and second, to African
and capacity-building.
States on the practicality of community (bio-cultural) protocols
as a tool to ensure FPIC.
The outcomes of the Vilm workshop and the recommendations
of the Nairobi meeting and the Group of Technical and Legal
Specifically, in relation to the IRABS, the ILC
experts on TK will inform the negotiations at the WGABS8.
representatives requested the following:
The respective participants’ strong support for community
protocols underscores the growing recognition that
• The African negotiators should support the inclusion
of BCPs as an essential component of the IRABS;
communities require means by which to engage
with the IRABS.
6. Conclusion
Whilst the theory and practice of ABS-related BCPs are still
The further support given to community protocols by the
being developed, they are increasingly being recognized at
Group of Technical and Legal Experts on TK, the Vilm workshop
the international level. The African Group’s submission,
and African ILC meeting add further weight to the instrument’s
supported by ILCs, NGOs and a number of Parties, is a significant
inclusion in the incumbent IRABS. For communities, the
attempt to ensure that any future ABS agreements are
negotiations are at a significant turning point. ILCs require
contingent on community protocols. Specific reference to
Parties’ support of community-based mechanisms such as bio-
community protocols would provide communities with the
cultural community protocols to ensure that they are protected
right to insist on being able to engage in types of bio-cultural
against any misappropriation of their TK and will benefit
and legal empowerment processes described in Chapter 2,
from their knowledge, innovations and practices that
and to approach any request for access to their TK or GR only
promote the conser vation and sustainable use
after having informed and prepared themselves.
of biodiversity.
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